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  • Writer's pictureLeitner Varughese Warywoda

Legal Safety & Accident News

NOTABLE NEWS

Changes to New York's No-Fault Insurance Law

  • Increase in Nursing Home Neglect During the Pandemic

  • Rise in Bicycle Accidents in NYC

  • Liability for Construction Accidents

  • Medical Malpractice During COVID-19:





Changes to New York's No-Fault Insurance Law:


As personal injury attorneys, we always keep a close eye on changes in the law that could impact our clients. Recently, New York lawmakers passed a bill that changes the state's no-fault insurance law. This new law could impact those injured in car accidents by changing the way medical expenses are covered.


New York's no-fault insurance law requires that car accident victims first seek compensation for their medical expenses and other losses from their own insurance company before pursuing a claim against the at-fault driver. This system was put in place to reduce the number of lawsuits arising from car accidents.


Under the new law, medical expenses will be subject to a fee schedule, which means that healthcare providers will be limited in what they can charge for certain medical treatments. While this could potentially lead to lower medical bills for car accident victims, it could also make it more difficult for them to receive the care they need, as healthcare providers may be less willing to provide treatment under the fee schedule.


The No-Fault Insurance Law in New York is designed to provide swift and efficient compensation for victims of motor vehicle accidents, regardless of who is at fault. However, recent changes to the law have raised concerns about how accident victims will be affected.


Under the new law, accident victims will have fewer options when it comes to choosing their medical providers. Insurance companies will be allowed to create "preferred provider networks" of doctors and healthcare providers, which means that accident victims will be required to seek treatment from a limited pool of providers chosen by the insurance company.


Critics of the new law argue that this could lead to worse care for accident victims. By limiting the number of available medical providers, insurance companies could potentially prioritize cost savings over the quality of care received by accident victims. This could result in victims not receiving the full and proper medical treatment they need to fully recover from their injuries.


Another concern is that the new law may limit the amount of compensation available to accident victims. Under the old law, accident victims could seek compensation for a wide range of damages, including pain and suffering, lost wages, and medical expenses. The new law, however, places a cap on the amount of compensation that can be awarded for pain and suffering, which may make it more difficult for accident victims to fully recover from their injuries.


Increase in Nursing Home Neglect During the Pandemic:


COVID-19 has impacted nursing homes and their residents in many ways. In New York, nursing home neglect has been on the rise due to staffing shortages, lack of proper protective equipment, and other factors.


The COVID-19 pandemic has had a devastating impact on nursing homes and their residents. Nursing home residents are particularly vulnerable to COVID-19 due to their age and underlying health conditions. The pandemic has also led to staffing shortages, lack of proper protective equipment, and other factors that have contributed to an increase in nursing home neglect and abuse.


Nursing home neglect can take many forms, including failure to provide basic care, such as food and water, failure to prevent falls and injuries, and failure to provide medical treatment. If you or a loved one has been the victim of nursing home neglect or abuse, it's important to contact a personal injury attorney as soon as possible to protect your rights.


One of the main factors contributing to the increase in nursing home neglect during the pandemic is the lack of investment in nursing staff and supplies by some nursing home owners, particularly those who prioritize profits over resident care.


While nursing home owners are required to provide a certain level of care for their residents, including proper staffing and necessary medical supplies, some have been cutting corners to save money. This can lead to understaffing, lack of training for staff, and shortage of medical supplies, which can contribute to accidents, neglect, and injuries of residents.


For example, understaffing can result in residents not receiving timely care or assistance, leading to falls or other injuries. Lack of training for staff can lead to improper administration of medications or failure to provide appropriate medical care. Shortage of medical supplies can lead to failure to prevent infections, or delay in necessary treatments.


It's important for nursing home owners to prioritize the health and safety of their residents, rather than solely focusing on their own profits. By investing in adequate staffing, proper training, and necessary supplies, nursing homes can help prevent accidents, neglect, and injuries to their residents.


Rise in Bicycle Accidents in NYC:


With more people biking in New York City due to the pandemic, there has been a surge in bicycle accidents. Biking has become a popular mode of transportation in New York City due to the pandemic, but it can also be dangerous. According to the New York City Department of Transportation, there was a 43% increase in cyclist fatalities in 2020 compared to 2019.


Some common causes of bicycle accidents include distracted driving, failure to yield the right of way, and unsafe road conditions. It's important for cyclists to take precautions to reduce their risk of accidents, such as wearing a helmet, obeying traffic laws, and staying alert to their surroundings.


In New York City, the right of way is a legal concept that determines who has the legal right to proceed in a given situation, and who must yield or stop. Understanding the right of way is important for all road users, including bicyclists, drivers, and pedestrians, to avoid accidents and promote safety.


When it comes to right of way, the general rule is that pedestrians have the right of way at all times, followed by bicyclists, and then drivers. However, there are specific situations where this may not be the case, such as when a bicyclist is riding against traffic or when a driver is making a legal turn.

For example, when riding in a bike lane, bicyclists have the right of way over drivers who are turning right across the bike lane. Similarly, when crossing a sidewalk or pedestrian crosswalk, bicyclists must yield to pedestrians.


In general, it's important for all road users to be aware of their surroundings and follow the rules of the road to ensure safety for themselves and others. This includes obeying traffic signals, yielding to pedestrians and bicyclists when necessary, and using proper hand signals to indicate turns or lane changes.


Liability for Construction Accidents:


Construction sites are inherently dangerous, but when accidents happen, it can be difficult to determine who is liable.


Construction accidents are unfortunately all too common in New York City, and can lead to serious injuries or even death. The most common types of construction accidents include falls from scaffolds or ladders, being struck by falling objects, and accidents involving heavy machinery or equipment.

When a construction worker is injured on the job, determining who is liable for their injuries can be complicated. In New York State, there are strict liability laws in place that hold property owners and general contractors responsible for the safety of workers on their job sites. This means that if a worker is injured due to unsafe conditions on a job site, the property owner and general contractor can be held liable for damages.

In addition to physical injuries, construction accidents can also result in loss of earnings and pension benefits for injured workers. This is why it's important for workers to understand their rights and seek legal representation if they are injured on the job.

Determining liability in a construction accident case can be complex, as there may be multiple parties involved, including the general contractor, subcontractors, and equipment manufacturers. It's important to work with an experienced personal injury attorney to help navigate the complex legal system and hold the responsible parties accountable for your injuries and losses. Medical Malpractice During COVID-19:


COVID-19 has put a strain on the healthcare system and medical professionals, leading to potential cases of medical malpractice.


The COVID-19 pandemic has put a strain on the healthcare system and medical professionals, leading to potential cases of medical malpractice. Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care, resulting in injury or death to the patient.


Some examples of potential medical malpractice during the pandemic include misdiagnosis or delayed diagnosis of COVID-19, failure to properly treat COVID-19 patients, and failure to follow proper infection control protocols.


As hospitals and medical facilities work to keep up with the demand for care, understaffing has become a significant issue that can lead to inadequate care and medical malpractice.


Understaffing can occur when hospitals are overwhelmed with patients and do not have enough healthcare workers to provide the necessary care. This can lead to longer wait times for treatment, rushed or incomplete medical procedures, and errors in diagnosis or treatment.


In addition, healthcare workers who are overworked and stressed may be more prone to making mistakes or lapses in judgement that can result in medical malpractice. This can include errors in medication dosages, misdiagnosis, or failure to properly monitor patients.


Furthermore, the COVID-19 pandemic has created unique challenges for healthcare workers, including shortages of personal protective equipment (PPE) and other necessary medical supplies. When hospitals are unable to provide adequate PPE, healthcare workers are at a higher risk of contracting the virus themselves and potentially spreading it to others.

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